The SEC proposes new rules to allow issuers making private offerings to advertise

September 2012
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The SEC proposes new rules to allow issuers making private offerings to advertise

At a glance

September 2012 - On August 29, 2012, the SEC proposed new rules to implement the JOBS Act. The SEC’s proposed rule would permit the use of general solicitation when offering or selling private securities under Rule 506 of Regulation D, provided that certain conditions are satisfied.

The “Jumpstart Our Business Startups Act” (“JOBS Act”), enacted in early April of 2012, required the SEC to lift the prohibitions on general solicitation and to allow issuers to advertise private offerings, as long as all purchasers of such interests are accredited investors (as already required).

On August 29, 2012, the SEC proposed new rules to implement the JOBS Act. The SEC’s proposed rule would permit the use of general solicitation when offering or selling private securities under Rule 506 of Regulation D, provided that certain conditions are satisfied.